Law 360

JULY 18, 2022

Environmental Protection Agency will change the legal landscape in a number of ways — including constraining future climate regulations that may be advanced by the Biden administration and states, while providing litigants a powerful new administrative law precedent to challenge all kinds of agency rules, say attorneys at Beveridge & Diamond.

Administrative Law 75

Administrative Law Court Court Decisions Litigation 75

JURIST

JANUARY 19, 2023

The suit was dismissed due to Mr. Perez’s failure to utilize all administrative remedies before filing suit. IDEA requires complainants to “exhaust” the administrative process before beginning litigation. Assistant Solicitor General Anthony Yang was present arguing on behalf of the United States in support of Perez.

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Court Laws Education Litigation 222

JURIST

JUNE 18, 2021

It speaks to his long career as a litigator before his appointment to the Ontario Court of Appeal in 2019. Jamal previously taught constitutional law at McGill University in Montreal, Quebéc, and administrative law at Osgoode Hall in Toronto.

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Court Administrative Law Constitutional Law Litigation 239

SCOTUSBlog

APRIL 23, 2021

In this case, for example, the claimants in agency proceedings from 2013 to 2015 did not know that a 2018 decision of the Supreme Court would invalidate the SSA’s process for appointing administrative law judges, and so they did not complain about that process before the agency.

Administrative Law 108

Administrative Law Statute Litigation Litigating 108

Patently O

MAY 23, 2022

Menell, Koret Professor of Law; Director, Berkeley Center for Law & Technology; Faculty Director, Berkeley Judicial Institute; University of California at Berkeley School of Law. Prior to the mid-1990s, patent litigation took place in district court silos. They saw advantages to trying patent cases to juries.

Case Management 67

Case Management Litigation Litigating Drafting 67

SCOTUSBlog

NOVEMBER 30, 2023

The justices said not a word about the second challenge, and they made only one offhand comment about the third challenge, when Justice Brett Kavanaugh suggested in passing that the administrative law judges’s appointments won’t pass muster with him. T]hat’s the issue. That’s the result. The Seventh Amendment is no bar.”

Administrative Law 128

Administrative Law Litigation Litigating Laws 128

ClimateChange-ClimateLaw

APRIL 18, 2024

C ategorical differences between KlimaSeniorinnen and Court’s existing environmental case law ‘KlimaSeniorinnen’ had thus exhausted all domestic remedies. This indicates that not only democracy but also litigation to compel governments to reduce GHG emissions is fraught with obstacles. 657), the “tailored approach” (para.

Litigation 65

Litigation Litigating Court Laws 65

LawTechnologyToday

SEPTEMBER 7, 2023

Julie founded Standd after over a decade practicing law, mostly as a trial attorney at the U.S. At DOJ, Julie served in the Tax Division, Civil Division, and Federal Programs Branch, where she handled cases raising complex regulatory and administrative law questions in federal trial and appellate courts across the US.

Legal 69

Legal Legal Diligence Technology 69

JURIST

JANUARY 18, 2021

It is typically conducted by the Bar Council twice a year to test the candidates’ knowledge on various substantive and procedural la w such as constitutional law, administrative law, the Indian Penal Code, criminal and civil procedure, evidence, public interest litigation, and professional ethics.

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Bar Exam Court Administrative Law Constitutional Law 118

SCOTUSBlog

JULY 30, 2021

They ask the justices for their review to establish exactly what showing of inadequacy a proposed intervenor must make to intervene on the same side as a government litigant. Victim Rights Law Center. Thus, the advocacy groups seek to intervene to ensure that their constitutional defenses and interests are represented.

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Government Education Litigation Litigating 109

SCOTUSBlog

APRIL 2, 2022

New York maintains that the terms of the compact provide that only Congress can repeal it and that, insofar as the compact represents a federal statute, its breach violates federal law. In earlier litigation, the Waterfront Commission sued the New Jersey governor to prevent him from enforcing the law. However, the U.S.

Government 89

Government Statute Cause of Action Litigation 89

SCOTUSBlog

APRIL 22, 2024

The case here involves administrative proceedings under the National Labor Relations Act. Under the statutory framework, the NLRB files an administrative complaint, which launches an agency proceeding before an administrative law judge, whose decision is subject to review by the NLRB and then, in due course, in the federal courts of appeals.

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Court Government Legal Legal 115

SCOTUSBlog

NOVEMBER 8, 2022

In both cases, the plaintiff contended that the agency proceedings are so biased that they offend the due process clause and also that the processes for appointing the ALJs (administrative law judges) that eventually would hear any proceedings violate the Constitution’s appointments clause.

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Statute Government Court Litigation 142

SCOTUSBlog

MAY 11, 2022

The question is whether the United States is such a successful litigant that the court will grant review even in cases it doesn’t want the court to review. In addition, the Supreme Court held a few years back that the appointment procedures for SEC administrative law judges violate the Constitution’s appointments clause.

Stare Decisis 78

Stare Decisis Administrative Law Statute Government 78

SCOTUSBlog

JUNE 15, 2022

Describing the Biden administration’s decision to dismiss the appeals of lower-court decisions that had invalidated the rule and then to repeal the rule itself, Roberts explained that the government’s conduct “raise[s] a host of important questions” – most significantly, whether the government had followed proper procedures under administrative law.

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Immigration Government Administrative Law Court 94

SCOTUSBlog

MAY 16, 2022

Cochran , the justices agreed to decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings. The justices also granted review in Jones v.

Court 81

Court Administrative Law Criminal Law Government 81

SCOTUSBlog

FEBRUARY 23, 2022

Kagan agreed that the state’s argument that the Biden administration was trying to circumvent the notice-and-comment requirements imposed by federal administrative laws is “a very reasonable position.” alleging that the repeal of the law violated federal administrative law.

Immigration 93

Immigration Court Administrative Law Government 93

Broadcast Law Blog

MAY 6, 2023

In her recent response , Chairwoman Rosenworcel stated that the FCC’s ability to share the requested information was limited because the matter was subject to pending litigation, and because the proposed transaction remains active at the FCC.

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Diligence Government Administrative Law Litigation 99

SCOTUSBlog

JULY 21, 2022

The justices left in place a district-court ruling striking down the policy, which means that the Biden administration cannot implement it while it waits for the Supreme Court to hear argument and issue a decision. Mexico border, where there is only one judge: Tipton, a Trump appointee.

Immigration 145

Immigration Court Government Court Rules 145

Constitutional Law Reporter

DECEMBER 14, 2022

Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. The Supreme Court heard oral arguments in five cases last week. Axon Enterprise, Inc.

Administrative Law 52

Administrative Law Constitutional Law Statute Court 52

Conflict of Laws

JULY 11, 2021

If they have chosen (a), the parties might stipulate which court and in which jurisdiction the matter will be litigated. The use of alternative dispute resolution mechanisms in public interest litigation brings both substantial and procedural advantages.

Laws 76

Laws Litigation Litigating Court 76

Constitutional Law Reporter

JUNE 4, 2021

Saul, 593 U.S. _ (2021) , that the principles of issue exhaustion do not require Social Security disability claimants to argue at the agency level that the administrative law judges hearing their disability claims were unconstitutionally appointed. Supreme Court unanimously held in Carr v. Facts of the Case. Thereafter, the U.S.

Statute 52

Statute Administrative Law Entertainment Court 52

SCOTUSBlog

DECEMBER 26, 2023

United States is permissible only when a pending state court case will necessarily resolve the federal proceedings however it is decided, or whether a stay is permissible when one of the potential outcomes in state court can completely resolve the case, even if a second potential outcome would leave further issues for federal litigation.

Legal 94

Legal Legal Attorney Lawyer 94

FDA Law Blog

APRIL 26, 2021

Koblitz — So-called “Pay-for-Delay” settlements, also called Reverse Payment, settlements—in which an innovator sponsor pays a generic sponsor to settle ongoing patent infringement litigation in exchange for a delay in generic market entry—have been fodder for antitrust concerns for decades (see, for example, our coverage from 2013 ).

Litigation 40

Litigation Litigating Court Administrative Law 40

FDA Law Blog

APRIL 26, 2021

So-called “Pay-for-Delay” settlements, also called Reverse Payment, settlements—in which an innovator sponsor pays a generic sponsor to settle ongoing patent infringement litigation in exchange for a delay in generic market entry—have been fodder for antitrust concerns for decades (see, for example, our coverage from 2013 ).

Litigation 40

Litigation Litigating Court Administrative Law 40

Patently O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. By Jason Rantanen. COVID-19Impact).

Lawyer 55

Lawyer Lawyers Administrative Law Laws 55

The Crime Report

OCTOBER 12, 2021

Hausman is a former immigrants’ rights attorney and a postdoctoral fellow at Stanford University, who studies administrative law and immigration enforcement.

Immigration 105

Immigration Laws Felony Attorney 105

ClimateChange-ClimateLaw

DECEMBER 11, 2023

This blog post explores how the litigation landscape has developed since the SEC proposed the rule, and discusses the implications of several developing cases and doctrines. Together, these matters suggest a volatile litigation landscape that the SEC will have to navigate thoughtfully as it finalizes and defends the climate disclosure rule.

Legal 62

Legal Legal Court Statute 62

SCOTUSBlog

JANUARY 24, 2022

It argued, among other things, that the administrative proceedings violated its right to due process because the agency plays multiple roles in the proceedings, serving as the prosecutor, the judge, and the jury. The couple returned to the court last fall, asking the justices to revisit their 2006 decision in Rapanos v.

Court 82

Court Construction Administrative Law Litigation 82

SCOTUSBlog

NOVEMBER 4, 2022

It sued in a federal district court, arguing that the FTC’s proceedings are unconstitutional both because the method of appointing ALJs (administrative law judges) violates the Constitution’s appointments clause and because the combination of investigatory, prosecutorial, and adjudicatory functions offends the due process clause.

Statute 107

Statute Court Entertainment Administrative Law 107

Broadcast Law Blog

APRIL 27, 2023

The FCC Administrative Law Judge, who is overseeing the hearing ordered by the Media Bureau on certain alleged factual issues that the Bureau has identified with the proposed acquisition, recently put the proceeding on hold so that the parties do not need to spend more money litigating if the deal will not happen.

Administrative Law 85

Administrative Law Finance Litigation Litigating 85

Conflict of Laws

MARCH 1, 2023

In order to limit the forum shopping potential of the present rules on jurisdiction and applicable law in defamation cases, an intervention by the EU legislature should be envisaged. Litigation in matters of corporate accountability is, distinctively, strategic in nature.

Contract 52

Contract Litigation Litigating Legal 52

SCOTUSBlog

MAY 20, 2021

Millhiser illustrates this thesis with a whirlwind tour of four key areas: the right to vote, administrative law, religion and the right to sue. Even so, I am skeptical that the court will alter the law as dramatically as Millhiser fears. “The Carolene Products settlement in favor of democracy is now in tatters,” he writes.

Administrative Law 141

Administrative Law Court Immigration Laws 141

LawTechnologyToday

JUNE 21, 2021

Most likely, it will take a couple of room-clearing court decisions to help owners and litigants navigate their waters. Julian Pipolo is an Australasian lawyer working at a top-tier firm predominantly in administrative law. But it would be naive to think these issues will halt their progress. About the Author.

Laws 140

Laws Contract Legal Legal 140

Broadcast Law Blog

MARCH 27, 2022

See our post on the Broadcast Law Blog for more information, and read the audit letter setting out all the requirements for the audit response and the list of audited stations, here. Continuing to play GMR music without a license risks a copyright infringement action and significant liability.

Felony 88

Felony Construction Administrative Law Government 88

FDA Law Blog

AUGUST 29, 2021

As a matter of administrative law, the Brand Memo made good sense from the perspective of FDA-regulated industry, as we described here. The second, and arguably more significant, policy prohibited its lawyers from civilly prosecuting companies for violating “requirements” set forth in agency guidance documents.

Attorney 52

Attorney Government Lawyer Lawyers 52

ClimateChange-ClimateLaw

NOVEMBER 12, 2023

In April 2023, the Council of State, the highest court on administrative law matters, affirmed the decision. Despite a strong climate change legal framework, the lack of implementation of statutes and case law is a prevalent and persistent issue in Colombia. In February 2023, the Tribunal of Cundinamarca decided the case.

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Legal Legal Laws Government 77